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What is an annulment?

An Annulment is very different than a Divorce. While a divorce ends a legal marriage, an annulment rules that the marriage is not legal. Because of this, the grounds for an annulment are very different than those for a divorce.

Grounds for an Annulment include:

  • Bigamy, or being married to someone else at the time of the marriage.
  • Inability to consummate the marriage through sexual intercourse.
  • Incurable Insanity for a period of at least five years after the marriage.
  • Mental Incapacity that prevented a spouse from understanding the nature, effect and consequences of the marriage.
  • Duress or force to marry.
  • The most common ground for a legal annulment is Fraud. Fraud in this case is defined as obtaining consent for the marriage by deceiving the other person.

Legal Annulments are not nearly as common as divorces and therefore the courts in New York State do not have standard forms to apply for an Annulment. In order to obtain an annulment you should consider consulting with a lawyer who is familiar with New York Domestic Relations Law §140. The Divorce and Family Law firm of Robert E. Hornberger, P.C. is very familiar with this law and will be happy to provide you with a complimentary consultation to discuss your case. Give us a call at 631-923-1910 or fill out the short form on this page to schedule your free consultation.

How do I start a divorce case?

To initiate your divorce proceedings you will need to visit the Nassau County or Suffolk County Clerk’s Office to file a Summons with Notice or Summons and Verified Complaint. This document states the reasons, or grounds, for the divorce. This document will need to be “served” to your spouse by another person (not you) over the age of 18. More information of filing fees and other requirements are available from the respective County Clerk’s websites.

In Nassau County: http://www.nassaucountyny.gov/agencies/Clerk/ClerkServices/vitalrecords.html

In Suffolk County: http://www.suffolkcountyny.gov/Departments/CountyClerk/CourtActionsandCourtMinutes/SeparationAgreementsDivorceDecrees.aspx

Where do I go to for a divorce?

Divorce cases in New York State are handled by the Supreme Court, not, as many people understandably believe, in Family Court. Family Court can, however, assist you with issues regarding Child Support, Child Custody, Child Visitation, and Spousal Support or Maintenance AFTER your divorce.

Both Nassau County and Suffolk County on Long Island each have their own Supreme Court and you should file your divorce case in the county of your residence. For more information on Nassau County and Suffolk County Supreme Court visit the New York State Unified Court System website at http://nycourts.gov/

For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce

What is a divorce on Long Island?

In New York, a divorce is the legal dissolution of a marriage by the Supreme Court of the state of New York. Divorce is often called a Matrimonial Action by attorneys and other New York State court staff. As in any legal action, the person who initiates the proceedings is known as the Plaintiff while the entity on the other side is known as the Defendant.

For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce

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